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How can several home purchases qualify as an EB-5 commercial enterprise?

I have purchased three homes in the United States. All are rented and require three gardeners, three pool techs, three cleaners, and a manager. That is 10 jobs and a commercial investment. Would this qualify for an EB-5 visa? Does it matter if the jobs have already been created before I file the application? Do the jobs created by an EB-5 investment have to be in one location?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If the management of these properties and employees fall under one business entity, it may be possible to consider that a new commercial enterprise, but you would need to conduct much more review and planning.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is unlikely this would qualify unless there are construction jobs. EB-5 investment must create at least 10 full-time (at least 35 hours/week) permanent jobs. You should talk to an experienced EB-5 immigration attorney to discuss options.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Unlikely, but if you are remodeling there might be options. Need to hire a competent team.

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    John J Downey

    Immigration Attorney
    Answered on

    What was the amount of the investment? If $1 million or more, then the location should not matter. As long as it a new commercial enterprise as defined by the statute you should be able to apply for EB-5. I would, however, retain an attorney versed in EB-5 law to ensure everything is verified and filed correctly.

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    Ian E Scott

    Immigration Attorney
    Answered on

    It is unlikely this would work. The 10 jobs have to be full-time and I could not see how you would need cleaners and gardeners full-time for three properties. Also, the investment must be what creates the jobs.

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